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FACTS 



CONNECTED WITH THE 



INQUISITION 



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PACTS CONNECTED WITH THE INQUISITION. 



The publicity which certain gentlemen who 
recently held an inquisition in this city for the 
purpose of enquiring into the question of my 
loyalty, have given of their proceedings, and 
erroneous statements upon tbe subject matter 
of their enquiries, which have been made, 
have been so widely circulated, that I deem it 
my duty, without obtruding myself upon the 
public, to give to my friends a brief statement 
of all the focts connected with this extraordi- 
nary proceeding. 

The subject of this investigation was a con- 
versation between myself, a Mr. Hubbard, 
John A. Innis and others, in the shop of Mr. 
Burbeck, on the evening of January 17th last. 

On February 8th, I received from His Ex- 
cellency J. A. Andrew, the following note. 

Executive Dev't and Mass. Headq'rs. 
Within is a copy of letter received by me 
and which I send to Capt. Devereux for his 
perusal, and such reply as he may see fit to 
make. 

JOHN A. ANDREW, Gov. &c. 
Feb. 7, 1863. 
To Capt. Ci^j^. U. Devereux, of 19th IVIass. 
Vols. ^<-^ 

The copy of the letter enclosed was as fol- 
lows : 



Salem, Jan. 19, 1863. 
Gov. Andrew : 

Dear Sir : — I went into the store of Wm. 
H. Burbeck, in Salem, on Saturday last, and 
had my feelings outraged by the treasonable 
language of a Mr. Devereux, who I under- 
stand, holds a Captain's Commission. He is, 
I find by enquiry, the son of Gen. Devereux, 
of this city. His name is Charles. Some of 
his statements were like the following : " He 
would not fight for the good of the negro." 
" He would discourage enhstments if the army 
was to fight for negroes.'' These remarks re- 
ferred to the Emancipation Proclamation. "He 
hoped to God that eveiy man in the army of 
the Potomac would come home, if they were 
to fight for negroes." Ho taunted us with the 
want of success of the Union armies, and 
asked exultingly if that looked as if God 
was on our side ? He said that the army 
could not be filled after the present men's time 
was out, because the people would not enlist, 
and a draft, if ordered, could not be enforced 
even in Massachusetts. There were about a 
dozen men present, among whom were the pro- 
prietor Mr. Burbeck, Mr. John A. Linis, &c. 

You will excuse the liberty I take in ad- 
dressing you, but I could not feel that such 
language from an ofiicer ought to be indulged 
in without rebuke. 

I am yours with very great respect, 
(Signed) J. GEO. HUBBARD. 



To this I sent the following reply Febru- 
ary ]2th. 

1o His Excellency, Gov. John A. Andretc : 

SiK : — I received on Tuesday morning a 
copy of a letter purporting to have been ad- 
dressed to your Excellency, by one J. George 
Hubbard, of whom I have no further knowl- 
edge than is conveyed in his signature. 

Your Excellency does not need to be in- 
formed by me that no man could reasonably be 
expected to undertake a formal defense against 
charges made in a manner utterly irresponsi- 
ble. It is usually time enough to enter upon 
such defense, when the charges are presented 
upon proper evidence — in due form — before 
a tribunal authorized to entertain them — and 
substantiated to be, in themselves, matter of 
legitimate enquiry. But, as your Excellency 
has thought it best to call my attention to this 
document, and to intimate by your own en- 
dorsement thereon a desire to receive an ex- 
planation, I very willingly embrace the oppor- 
tunitj' afforded me ; and thank you for putting- 
it in my power so to do. 

I chanced to enter the shop of Mr. Wm. H. 
Burbeck, a tailor, in this city, upon the occa- 
sion alluded to by Mr. Hubbard, simply for 
the purpose of ordering some clothing. I 
found there several persons earnestly engaged 
in discussion of the prominent political ques- 
tions of the day — and especially of the points 
indicated in the communication referred to, of 
the individual who has thought proper to re- 
port, after his own fashion, and colored by his 
own prejudices, an interchange of personal 
opinions, private in its character and place — 
and moreover, not sought by me, but forced 
Tipon me, by the intrusive self-assertion of oth- 
ers. I was drawn into the conversation, by 
an observation from one of the parties, " That 
my old commander. Gen. McClellan, vas a 
traitor" — an assertion that I never can allow 
to pass uncontradicted. A rambling, and as 
regard.^ some present, an excited conversation 
ensued. 



I thought little of the matter at the time,, 
and nothing of it since. Perhaps most of 
those present, in the unguarded looseness of 
casual conversation and the warmth of the 
controversy, which I found raging on my en- 
ti-ance, may have said what it were more dis- 
creet not to say. As regards my own share in 
it, I find upon enquiry, that there were pres- 
ent honorable and respectable men, who knew 
and will truthfully report what occurred, if 
ever they should feel themselves called upon 
to do so. I did not in any form of language 
convey the impressions which Mr. Hubbard 
has de;;lared. In reply to some statement that 
the amiy was fighting for the negro and the 
proclamation, I said it was enlisted for and was 
fighting for the country and the constitution, 
which I considered the first condition and not 
the second, as some present supposed. I did' 
not say that the army of the Potomac would 
return, or want to ; and as to enlistments, I did 
speak of the difficulty of getting men of which 
I have experience and the gi eater difficulty 
still if they persisted in narrowmg the contest 
to the issue of slavery. If the charges should 
be deemed worthy of investigation by any 
authority competent and entitled to take cog- 
nizance of them, I can very easily show the- 
falsehood of the accusation. 

And now I trust your Excellency, will 
conceive I have said enough ; and I must re- 
spectfully ask permission to rest upon my ac- 
tions, my character and my conscience. When 
my loyalty shall be impeached from any re- 
sponsible quarter, and in any authoritative form, 
if I need any other defense, than a service 
commenced with the first levy for the defence 
of the country and its institutions, and contin- 
ued till wounds received at the hands of her 
enemies, brought me to the very gates of death 
— I shall trust to have a proper and sufficient 
answer. 

I desire to add that I hold myself bound, as- 
a military officer, to implicit olv^^^.ico of every 
order. I have never failed to c^Ascharge this 
obligation, nor do I purpose to be unfaithful. 



to it while there is any constitutional authority^ On tlio 14th day of April T Avas surpvised at 
left in our unfortunate and imperilled country, receiving from Kobert S. Eantoul, Esq., of 
Upon the momentous questions upon which the this city, a pergonal notification to appear at 
fate of that country appears to hang, I have 'his ofliicc on the next day as he and Mr. Wil- 
my private opinions — and your Excellency lard P. Phiihps proposed then and there to exam- 
will hardly deny, that such is not only my ine the individuals present at the conversation 
right but my duty as a citizen of a free country. 'alluded to. 



How far it may be proper or expedient to 
express an opinion upon the piobable results of 
any course of policy, I must leave to your Ex- 
cellency's own judgment. It is undoubtedly a ' 
delicate and important question upon which 
men who claim to be far greater and wiser thanj 
I, might err. It is my earnest desire — while 
preserving my own right of private judgment i 
and exercising discreetly the privileges and du- 
ties of a- citizen, to respect scrupulously the 
proprieties of my individual position, as an 
officer. If my frankness, or my honest indig- 
nation have carried me too far, I beg your 
Excellency, to excuse it — and remain. 
With the highest respect, 
Your ob't serv't, 
CHAS U. DEVEREUX, 
Capt. 19th Mass. Vols. 

From the time I sent the above reply until 
Tuesday, April 14th, I heard no more upon 
the subject, and supposed not only that my 
reply was satisfactory to the Governor, but 
that Mr. Hubbard and his friends deemed they 
had fulfilled their entire duty in making the 
representations they had to His Excellency. 

I had hoped during the winter that I should 
sufficiently recover from the severe wounds I 
received at the battle of Glendale, that I 
should be enabled to rejoin my regiment and 
sei ve again ray country in the field. But in 
this hope I was disappointed, and admonished 
by my physician that ray health would not per- 
mit mt to ventare again upon the hardships of 
active service, I April 6th requested my dis- 
charge, jmd upon April 20th received infor- 
mation that my request was granted. 



I appeared at the appointed time iwo place 
and enquired of the gentlemen their authuiivy 
for, the mode of proceeding at, and the pur- 
poses of, the proposed examination. Their 
reply is substantially given in the communica- 
tion I afterwards addressed to them on the sub- 
ject. At my request, the hearing was post- 
poned until Saturday, that I might havo op- 
portunity to consider what iny duty was in the 
premises. 

On Saturday they were infuniied that I had 
concluded to take no part in the proceedingSi 
and that I would, to avoid any misconceptions, 
give to them my reasons therefor, in writing, 
which I accordingly did in a communication of 
which the following is a copy. 

Salem, April 16th, 1863. 

3fessrs. W. P. PMUipsandR. S. Bontoul-— 

Gents — I was notified on Tuesday last, by 
Mr. Rantoul, that you proposed to investigate 
certain charges against n'e, contained in a let- 
ter written by one Mr. Hubbard, ©f Salem to 
Gov. Andrew, and dated Jaji. 10th. Copies 
of that letter together with the communication 
of Gov. Andrew to me, and my re])ly to His 
Excellency dated Feb. 12th, are in your pos- 
session. 

The proposed proceeding, seeming to me 
peculiar and unusual, I deemed it ray duty to 
ascertain the precise nature and extent of your 
authority, the form in which the charges now 
stand, and the method and purpose of the pro- 
posed examination. Upon enquiry before you 
on Wednesday, I learned that yoa had no for- 



mal authority, except the request of His Ex- 
eelloncy ; that there were no charges in form, 
tbat I was to meet, except as set forth in the 
letter of Mr. Hubbard ; that you proposed to 
examine the parties and such persons as were 
present, and receive their statements, unsup- 
ported by oath or affirmation. You also stated 
that you did not consider that you had any 
authority or power to investigate the charges, 
except in an informal manner, and from the 
etatoments thus made, you were to determine, 
either that the charges were not sustained, or 
that there was a conflict of statements, and the 
case was one in your judgment for a formal 
investigation. 

You will perceive by reference to tlie letters, 
above replied to, tliat my attention was called 
to this subject liy his Excellency in a kind and 
proper manner, and I replied to it in the 
same spiiit. I presumed, from the long time 
that has clapsxHl since that reply, that it was 
satisfactory to his Excellency, and I did not 
suppose, after protesting to his Excellency 
against being called to answer such vague and 
informal accusations, that I should again be 
asked CO recognize still further infornial pro- 
ceedings. Proceedings which have the form 
of a trial to a certain extent, in which you have, 
not only no legal authority, but in the progress 
of whicli you are unable to afford me the securi- 
ties and protection, which sworn charges and 
sworn testimony only can give to a person 
aceu.sed. 

The charges made are in sultstancc, that I 
am disloyal to the government of my country, 
the most heinous chai-gcs that can be made 
against me, wearing its uniform and sworn to 
support its authority. 

I hav(! carefully con.'^idered the propriety of 
these proceedings, and the more caiefully from 
the respectability of the position of the gentle- 
men who are to conduct them, and my duty in 
relation to them. And I have concluded tliat 
my duty to myself and to the country, my duty 
to my brother officers and soldiers in the army. 



demand that I should decline to participate in 
any such proceedings. Protesting, that no 
man in this connnunity is more loyal than I 
am, or has given more significant pledges of 
his allegiance to the government, I beg leave 
to call your attention to the fact, that the array 
of the United States is governed by well known 
rules and regulations, which have the force of 
law upon all who are subject to them. To 
those rules ana regulations and to a court that 
can readily be convened under them I am as 
an officer of that army amenable. Neither the 
Governor of this Conmionwealth nor private 
persons have any right to organize investi- 
gations into the conduct or eonversation ^of 
officers of that army. To do so, will produce 
fearful elements of discord and danger, will 
undermine and subvert the authority of the 
United States and place its army under private 
and irresponsible surveillance. I cannot rec- 
ognize such a right by participating in these pro- 
ceedings. I have already stated to Gov. 
Andrew the true version of the conversation in 
([uestion. If there are any charges to be pr-" 
ferred against me upon that or any other matter, 
I shall at all times be ready to meet them, 
when called upon by the Government which I 
serve, but I cannot submit myself to scrutiny 
and examination by those who have no jui'is- 
diction over mc or my conduct. 

There are other reasons of a more private 
and local character, of which I might speak, 
but I forljear to do so, as the reasons already 
given are suff.cient to control my action. 

\"our obedient servant, 

CPIAS. U. DEVEREUX, 



The papers on ^Monday evening contained 
information that I had received au"^ honorable 
discharge from the service on my application 
as above stated, and I have been informed that 
in consequence of it the examination of wit- 



nesses which was commenced on Monday was 
not afterwards resumed. 

I have since learned, what was to me before 
mysterious, the reason why this matter after 
having slept for nearly two months was revived 
at this time and these informal proceedings 
initiated. I have been informed that the sub- 
ject was introduced into the meetings of the 



cause it to be changed through the Ballot Box, 
the " liberties of the pi'uple " aie l)ut a mere 
mockery. 

Whilst I deem it the right and duty of every 
citizen to express his opinions full}', yet a prop- 
er regard for the authorities, the oiVinions of 
others, and the self-respect of the individual, 
should influence him to express those opinions 



" Salem Union League", an organization re- temperately and in a proper spirit ; and if du 



cently established in this city, of which R. S 
Rantoul, Esq., is Secretary and Mr. W. P. 
Phillips a prominent member, and it was there 
discussed, and that individuals who were present 
at the conversation and are members of the 
League gave their version of the conversation 
and made severe comments upon the subject of 
my loyalty. That E. S. Rantoul, Esq., prior 
to his appointment had stated that he had ex- 
amined into the facts of the conversation and 
that he was satisfied of the truth of the charges 
against me for disloyalty. I have been credi- 
bly informed since the proceedings were stopped 
that there were three individuals appointed on 
the commission of investigation. Who the 
third man is I am unable to learn ; but rumor 
states that it is Rev. Dr. Briggs, President of 
the League. 

Whether this proceeding was induced by the 
3alem Union League, and whether its object was 
I patriotic or a partizan one, I leave my friends 
judge upon these statements. 



I do not desire to disguise the fact that I 

[ifier in political opinions with John A. Innis, 

Ir. Hubbard, and other members of the Union 

jcague, as I understand their sentiments. I be- 

eve the policy of the proclamation of Emanci- 

ation does not tend to a restoration of the 

ifnifp. I believe I have a right to entertain 

ly own opinion, upon this subject, and that as 

1 America a citizen I have a right, whether in 

- out ot /be arc*, to express these opinions. 

or if th e i eopl/have not a right to express 

eir opinuons i^^on the policy of an administra- 

in with a Vi'e^ to induce a voluntary change, 

in the end that the people themselves may 



ing the heat of discussion which took place, I 
yielded in my language to the excitement of 
the occasion, I sincerely regret it. 

I volunteered for the war in defence o?" tho 
Constitution and tlie Union. T knew and de- 
sired no other object. No other motive could 
have induced me to enlist I served in the 
field until June 30th, 18(12, when I was disa- 
bled by severe wounds. ^^'luist at home, 1 
have often heard expressions of contempt for 
the Constitution which I liave ever been taughi 
to reverence and regard as the paliailium o'i 
our liberties, and words of open hostility to the 
Union, the restoration of which I regard as in' 
dispensable to our future unity and prosperity 
as a people. And if when I heard the indi- 
viduals I met on the occasion referred to, 
place other considerations above the Constitu- 
tion and the Union, — and if when I heard the 
man whom I regard the noblest and most pat- 
riotic officer of the army, under whom it had 
been my pride to serve, denounced as a traitor, 
I passed the limits of propriety in the language 
I used, I trust my friends will take into con- 
sideration the circumstances in which I was 
placed, in palliation of my indiscretjen. 

Permit me to say in conclusion, that if Charles 
Sumner, the leader of the party of the Salem 
Union League, can publicly denounce the 
words the Constitution as it is, and the 
Union as it was, as " flash language," and his 
organ, the Commonwealth, desire that the 
tongue be withered that prays for a restoration 
of that Union — if Senators and Representa- 
tives of the Congress of the United States can 
openly declare that they will never consent 



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to a restoration of that Union, and thanlc 
God that ovir armies were defeated, as their 
success would have restored that Union — if 
the Governor of this Commonwealth when 
called upon in a moment of immediate peril 
for a few Regiments, can respond, that, un- 
less the policy under which I and others vol- 
unteered for the war, be changed, that the 
draft will )^c heavy upon the patriotism of our 
people, — if Messrs. Rantoul and Phillips who 
were to sit in judgment on my loyalty, can, 
since the date of the conversation alluded to, 
publish over their own signatures their delib- 
erate convictions that the Constitution of the 
United States is an " intolerable bukden of 
A iiereditahy compact witu iniquity " and 
" a system of roLiTiCAL, social and moral 

despotism the most complete in HISTORY." 

If all these things and more can be deliber- 



ately said by such men without deserving even 
rebuke, I would ask if I might not, under the 
provocations of such a discussion, have used 
strong language in regard to the effects of the 
policy of Emancipation, without disloyalty. 

I know that I am a loyal man. I know I 
love my country, that I reverence its Constitu- 
tion, and that I am now as I have heretofore 
shown myself, willing to lay down my life for 
its preservation, fnd if these gentlemen who 
question my loyalty, and they are apparently 
able-bodied, will show their devotion to their 
country by similar acts, I think they will be in 
a better position to hold inquisitions upon the 
loyalty of )nen in the service than they are now 
merely as exponents of a most bitter and pro- 
scriptive partizan league. 

CHARLES U. DEVEREUX. 



Salem, May 9, 1863. 



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